Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover: Art. I, 7-27-1970 as Art. 12, Chs. A and B, of the 1969 Revised Ordinances; Art. II, 9-22-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 105.
Social and athletic clubs — See Ch. 144.
Disorderly conduct — See Ch. 162.
Noise — See Ch. 254.
Poolrooms and bowling alleys — See Ch. 281.
Theaters, shows and other exhibitions — See Ch. 357.
[Adopted 7-27-1970 as Art. 12, Chs. A and B, of the 1969 Revised Ordinances]

§ 158-1 License required.

[Amended 2-13-1985 by Ord. No. 4-1985]
No persons shall engage in the operation of a dance hall or run public dances within the Town of Dover without first obtaining a license from the Town of Dover in the manner provided in this Article.

§ 158-2 Application for license; contents of application.

[Amended 2-13-1985 by Ord. No. 4-1985]
A. 
All applications for dance licenses shall be accompanied by the required license fee and shall be made to the Clerk of the Town of Dover on forms provided by the town and shall contain the following information:
(1) 
The name and permanent and local addresses of the applicant. If the applicant is a corporation, the name and address of its registered agent shall be provided. Corporate applicants must also submit a certificate of good standing from the Secretary of State's office.
(2) 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
(3) 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
(4) 
A description of the nature of the business and of all activities that will be conducted on the premises; for example, live music or disc jockeys, refreshments to be served and the nature and preparation of the same.
(5) 
A statement as to whether the applicant has been convicted of any crime for the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
(6) 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
B. 
Applications by partnerships shall be signed by all partners with the information required by this section supplied in detail as to each partner. Applications of corporations shall have attached individual statements containing all the information required by this section relating to each employee or agent who shall engage in the licensed activity and shall be signed by the authorized corporate officer.

§ 158-3 Investigation of applicants.

[Amended 2-13-1985 by Ord. No. 4-1985]
Each application shall be referred to the Town of Dover Police Department for investigation. The Police Department shall investigate and report in writing the result of its investigation as to the applicant's business responsibility, moral character and evidence of the applicant's ability to properly conduct the licensed activity. Such report shall be submitted to the Mayor and Board of Aldermen of the Town of Dover for their consideration.

§ 158-4 Approval or denial of license or permit.

[Amended 2-13-1985 by Ord. No. 4-1985]
A. 
No license or permit shall be approved by the Town of Dover if it appears that the conduct of the activity for which a license or permit is sought will be contrary to the health, safety or welfare of the public or any regulation, law or ordinance applicable to such activities.
B. 
No license or permit shall be approved by the Town of Dover if it appears that the applicant's character, ability or business responsibility is unsatisfactory.
C. 
Where the approval of any town official, county official or state officer is required prior to the issuance of any license, such approval must be presented to the Mayor and Board of Aldermen before any license or permit is issued.

§ 158-5 Contents of license; records to be kept.

[Amended 2-13-1985 by Ord. No. 4-1985]
A. 
License certificates shall show the date of issuance, the activity licensed and the term of the license or permit and shall be signed in the name of the Town of Dover by the Mayor and Clerk and be impressed with the Town of Dover Seal.
B. 
The Clerk shall keep a record of all licenses issued.

§ 158-6 Term of license year.

[Amended 2-13-1985 by Ord. No. 4-1985]
A. 
The term of the license year shall be for the calendar year.
B. 
Where the license is issued during the calendar year, the effective date of such license shall commence with the date of issuance and continue until the end of the calendar year.

§ 158-7 Display of license.

[Amended 2-13-1985 by Ord. No. 4-1985]
Every licensee shall display said license at all times in some conspicuous place in his place of business. The licensee shall exhibit the certificate when applying for a renewal and upon demand of any police officer or person representing the Town of Dover.

§ 158-8 Transfer of license.

[Added 2-13-1985 by Ord. No. 4-1985]
No license shall be transferable without the authorization of the Mayor and Board of Aldermen of the Town of Dover.

§ 158-9 Conditions on license.

[Added 2-13-1985 by Ord. No. 4-1985]
The Mayor and Board of Aldermen of the Town of Dover may, in order to protect the health, safety, morals or welfare of the residents of the Town of Dover, impose conditions upon the license as to the time and manner of its operation.

§ 158-10 Renewal of license.

[Added 2-13-1985 by Ord. No. 4-1985]
License renewal shall be issued in the same manner and be subject to the same conditions as original licenses.

§ 158-11 Fee.

[Added 2-13-1985 by Ord. No. 4-1985]
The fee shall be that fee set by the Mayor and Board of Aldermen from time to time by ordinance.

§ 158-12 Hours of operation.

[Amended 2-13-1985 by Ord. No. 4-1985]
All public dances commencing on any given evening shall cease no later than 1:00 a.m. on the following morning. Dances at ABC licensed premises are governed under Article II of this chapter.

§ 158-13 Suspension or revocation of license or permit.

[Added 2-13-1985 by Ord. No. 4-1985]
A. 
Any license or permit issued by the Mayor and Board of Aldermen may be suspended or revoked by the Mayor and Board of Aldermen for any of the following causes:
(1) 
Fraud, misrepresentation or incorrect statement contained in the application or made in carrying on the licensed or permitted activity.
(2) 
Conviction of any crime or misdemeanor where the conviction relates adversely to the activity authorized by the town.
(3) 
Conducting such activity in such manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public or a disturbance of the peace or comfort of residents of the town, upon recommendation of the appropriate official.
(4) 
Actions unauthorized or beyond the scope of the license granted.
(5) 
Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted or any regulation or law of the state so applicable.
(6) 
Failure to continuously comply with all conditions required as precedent to the approval of the license.
B. 
The suspension or revocation of any license shall not preclude the imposition of a penalty for violation of any ordinance of the town.

§ 158-14 Hearing upon denial, suspension or revocation of license.

[Added 2-13-1985 by Ord. No. 4-1985]
Any person aggrieved by the action of the Mayor and Board of Aldermen of the Town of Dover in denying, suspending or revoking a license shall have the right to a hearing before the Mayor and Board of Aldermen on any such action, provided that a written request therefor is filed with the Municipal Clerk within 10 days after receipt of notice of such denial, suspension or revocation. The Mayor and Board of Aldermen may grant such license or confirm any suspension or revocation or reinstate any such license. The action taken by the Mayor and Board of Aldermen after a hearing shall be final.

§ 158-15 Inspections.

[Added 2-13-1985 by Ord. No. 4-1985]
Town officials may enter upon the premises where any licensed activity is being conducted for the purpose of determining whether the provisions of this Article are being complied with by the licensee.

§ 158-16 Security guards.

[Added 2-13-1985 by Ord. No. 4-1985]
A. 
There shall be stationed in attendance at each public dance a security officer, whose costs shall be borne by the licensee. Such security officers shall be on the premises during the entire time the dance is in progress and while patrons remain on the premises. The licensee is required to have a security guard that is either an officer (or retired officer) of a state, county or municipal police force or sheriff's department or a qualified security guard from a recognized and established security firm, e.g., Wells Fargo, Pinkerton, Wackenhut. The names and addresses of the security guards and, if with a recognized security agency, the name, address and phone number of the agency shall be supplied to the Chief of Police of the Town of Dover prior to their employment by the licensee. The Chief of Police shall investigate such security guard or guards to determine if they are duly qualified to act as security guards in the licensed premises.
B. 
The number of security guards required shall be as follows:
(1) 
For one to 50 patrons: one security guard.
(2) 
For 50 to 100 patrons: two security guards.
(3) 
For every 100 patrons or part thereof over 100 patrons: one additional security guard.

§ 158-17 Exemptions.

[Added 2-13-1985 by Ord. No. 4-1985]
This Article does not apply to any church or bona fide veterans, charitable, educational, religious, civic or fraternal organization, provided that the organization is organized on a nonprofit basis and does not run dances on a daily or weekly basis.

§ 158-18 License required for public dances in a hotel.

It shall be unlawful to operate public dances in a hotel or places supplying food and/or drink and sleeping accommodations for regular patrons and transients, without first obtaining a license therefor.

§ 158-19 Issuance of license for hotels.

The Clerk, upon authorization by the Mayor and Board of Aldermen, shall issue a license therefor.

§ 158-20 Fee for hotel dance license; term of license.

There shall be an annual fee of $50, and the license period shall run from July 1 of each year.

§ 158-21 Discretion of Mayor and Board of Aldermen.

The issuance, suspension or revocation of said license shall be at the discretion of the Mayor and Board of Aldermen.

§ 158-22 Dances to be conducted by licensee; compliance required.

Said dances shall be conducted solely by the licensee and under its auspices; any dance to be run by or for any person or organization must comply first with and obtain a license under §§ 158-1 through 158-18 of this Article.

§ 158-23 Police officer on premises.

If required by the Mayor and Board of Aldermen, as a condition for the issuance of said license, or if required to do so at any time the license is in force, the licensee shall furnish at its own expense, at each public dance, a police officer to keep order.

§ 158-24 Hotel dance hours limited.

If the licensee is a holder of a plenary retail consumption license, no dance shall continue beyond the closing hour fixed for such licensees.

§ 158-25 Time of closing.

The closing hour for any licensed premises not having a plenary consumption license shall be 1:00 a.m. prevailing time.

§ 158-26 Violations and penalties. [1]

Any person, firm or corporation who or which shall violate any of the provisions of this Article shall be subject to one or more of the following: a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 158-27 Enforcement.

This Article shall be enforced by the Police Department.
[Adopted 9-22-1975]

§ 158-28 Dancing permitted.

Dancing shall be permitted within any premises having a plenary retail consumption license during the authorized hours of sale set forth in Chapter 105, Alcoholic Beverages.

§ 158-29 Permit required.

It shall be unlawful for any person holding a plenary retail consumption license to permit dancing within said premises unless, in addition to the license to operate a plenary retail consumption establishment, the owner of said establishment shall also obtain from the Town of Dover a permit to allow dancing in said establishment.

§ 158-30 Application for permit.

Application for permit shall be made to the Town Clerk who shall refer said application to the Mayor and Board of Aldermen for action.

§ 158-31 Fee for annual permit; term.

[Amended 2-24-1981 by Ord. No. 3-1981; 12-27-1983 by Ord. No. 37-1983; 11-26-1991 by Ord. No. 33-1991]
An annual fee of $360 shall be paid to the Town of Dover for such permit.[1] The duration of such dancing permit shall run concurrently with the annual plenary retail consumption license.
[1]
Editor's Note: See also § 158-36, One-day dancing permits.

§ 158-32 Seating requirements.

No dancing permit shall be granted unless the licensed premises shall have provisions for seating 50 or more persons.

§ 158-33 Establishments to be open to the public; exception.

No person shall be permitted to dance in an establishment which is not open to the use of the public generally. This prohibition shall not apply to dancing in establishments having a club license.

§ 158-34 Noise.

No loudspeaker or public address system, nor any other manual, mechanical or electrical means or device for amplifying sound, shall at any time be used, or permitted to be used, upon the licensed premises so as to be heard out of doors. Any loud, unnecessary, annoying, offensive or raucous noise which disturbs the public peace emitted by or emanating from the licensed premises is hereby declared to be a nuisance and detrimental to the public health and general welfare and is prohibited.

§ 158-35 Violations and penalties. [1]

Any person who shall violate any of the provisions of this Article shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000, imprisonment in the county jail for not more than 90 days or a period of community service not exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

§ 158-36 One-day dancing permits.

[Added 11-24-1975; amended 12-27-1983 by Ord. No. 37-1983; 11-26-1991 by Ord. No. 33-1991]
A one-day dancing permit may be issued at the discretion of the Mayor and Board of Aldermen of the Town of Dover upon application by an individual, group, association, corporation or partnership other than a holder of a plenary retail consumption license. The fee for a one-day dancing permit shall be $25. All other sections of this Article, except where they are inconsistent with this section, shall apply to the issuance of a one-day dancing permit.